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Old 02-01-2006, 09:13 PM
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Logan Logan is offline
Practice Makes Perfect
 
Join Date: Oct 2004
Location: Louisiana (Gumbo territory)
Posts: 395
Louisiana color of law STATE

Here in my corporate color of law STATE, the legislature has given power to all authorized agents of the commissioner to submit written complaints for the purposes of prosecution pursuant to 32:398.4.


32:395. Police officers not impeded by this chapter
Except as otherwise provided by law or by this Chapter, authorized agents of the commissioner shall not be impeded from exercising the functions of their office or performing their duties in the enforcement of this Chapter, the regulations of the department or of the commissioner adopted pursuant hereto, or any other law of this state within the scope of their authority upon any highway, whether or not the highway is located in whole or in part within the corporate limits of any incorporated municipality of whatsoever population or within any parish of this state. However, in doing so, they shall observe the traffic and police regulations of such municipalities and parishes and, whatever practicably possible, shall cooperate with the police departments of such municipalities or parish officials who shall aid and assist them in the enforcement of this Chapter


32:391. Appearance upon arrest
A. Whenever any person is arrested for a violation of any provision of this Chapter or any regulation of the department or of the secretary of the Department of Public Safety adopted pursuant thereto, except as otherwise provided in this Section, the arresting officer shall take his name, address, the license number of his motor vehicle, and the number of his operator's license, and shall issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons and notice. The time shall be at least five days after arrest, unless the person arrested demands an earlier hearing. If the person arrested demands an earlier hearing, he shall have a right to an immediate hearing or a hearing within twenty-four hours, at a convenient hour, to be before a magistrate within the parish where the offense was committed. Except as otherwise provided in this Section, the person arrested shall have the option of remaining in custody pending his furnishing bail as fixed by a magistrate or depositing his operator's license with the arresting officer, as provided in R.S. 32:411.
B. If the person arrested holds a Louisiana operator's license and gives his written promise to appear at the time and place stated, the officer may release him from custody or take him immediately before a magistrate, but shall not require the person arrested to deposit his operator's license. Any such person refusing to give the written promise to appear shall be taken immediately by the arresting officer before the nearest or most accessible magistrate having jurisdiction. Any person who willfully violates his written promise to appear shall be punished as provided in R.S. 32:57.1, regardless of the disposition of the charge upon which he was arrested originally. The arresting officer shall fully inform the arrested person of the consequences of failing to honor a written promise to appear pursuant to R.S. 32:57.1.
C. This Section does not apply to any person charged with an offense involving or contributing to an accident resulting in injury or death to any person, or to any person charged with driving while under the influence of intoxicants or narcotics, or to any person whom the arresting officer has good cause to believe has committed any felony or misdemeanor, and in any of these cases the arresting officer shall immediately take the person arrested before the nearest or most accessible magistrate having jurisdiction

I routinely witness marshals in my area in their plain cars with only the round ensignia on the door pull people over and issue them contracts to appear in an administrative hearing to argue and give them revenue. This section gives any commisioned agent the power to collect revenue based upon color of law statute and gives the prosecution the authority to prosecute on ANY complaint submitted. Even if it is from a civilian, i.e. domestic dispute, child support complaint, truancy etc.

32:398.4. When copy of citation shall be deemed a lawful complaint
In the event the citation form provided for in this Part is sworn to and includes the necessary information required under the general laws of this state with respect to a complaint which charges commission of the offense alleged in said citation to have been committed, then such citation, when filed with a court of proper jurisdiction, shall be deemed to be a lawful complaint for the purpose of prosecution under this Part.

And this might apply if one were to attempt to cancel a citation contract within the 72 hour time period following forced signature.

398.3. Illegal cancellation of traffic citation; penalty; audit of citation records; publication
A. Any person who cancels or solicits the cancellation of any traffic citation, in any manner other than as provided in this Part, shall be guilty of a misdemeanor, and shall, upon conviction, be fined not more than five hundred dollars or imprisoned for not more than six months or both.
B. Each record of traffic citations required in this Part shall be audited quarterly by the appropriate fiscal officer of the governmental agency to which the traffic enforcement agency is responsible.

Wake up folks, we live in a POLICE STATE and we are all just a means to a corrupt power play end. Even if you were once friends with an officer of the court, he will not hesitate to exploit you and use you for the purposes of subjegation which his training, and his superiors have taught him. It has been my experience that most officers of the court are only accepting of such a dangerous and low paying occupation because they are almost ALL compensating for some personal shortcoming which their elevated sense of power helps them to overcome.
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